O-793-93 06/28/93VILLAGE OF LEMONT
ORDINANCE NO. 7 73
AN ORDINANCE PROVIDING FOR
SOIL EROSION AND SEDIMENTATION CONTROL
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This al day of J (I'VE , 19 t 3.
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook, Will and DuPage
Counties, Illinois, this LS day
of Jt #C , 19 73 .
ORDINANCE NO. 773
AN ORDINANCE PROVIDING FOR
SOIL EROSION AND SEDIMENTATION CONTROL
BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont
that the Municipal Code of Lemont 1988 be amended to include the following:
CHAPTER 15.29
SECTIONS:
15.29.010 Findings and Purpose
15.29.020 Definitions
15.29.030 General Principles
15.29.040 Site Development Permit
15.29.050 Design and Operation Standards and Requirements
15.29.060 Enforcement
15.29.010 FINDINGS AND PURPOSE
1. Findings.
The Board of Trustees of the Village of Lemont hereby find that:
A. Excessive quantities of soil may erode from areas undergoing development
for certain non - agricultural uses:4ncluding but not limited to the construction
of dwelling units, commercial buildings and industrial plants, the building
of roads and highways, the modification of stream channels and
drainageways, and the creation of recreational facilities;
B. The washing, blowing, and falling of eroded soil across and upon roadways
endangers the health and safety of users thereof, by decreasing vision and
reducing traction of road vehicles;
C. Soil erosion necessitates the costly repairing of gullies, washed -out fills, and
embankments;
D. Sediment from soil erosion tends to clog sewers and ditches and to pollute
and silt rivers, streams, lakes, wetlands, and reservoirs;
E. Sediment limits the use of water and waterways for most beneficial purposes,
promotes the growth of undesirable aquatic weeds, destroys fish and other
desirable aquatic life, and is costly and difficult to remove; and
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F. Sediment reduces the channel capacity of waterways and the storage capacity
of floodplains and natural depressions, resulting in increasing chances of
flooding at risk to public health and safety.
2. Purpose.
The Board of Trustees therefore declare that the purpose of this Ordinance is to
safeguard persons, protect property, prevent damage to the environment, and promote the
public welfare by guiding, regulating and controlling the design, construction, use and
maintenance of any development or other activity which disturbs or breaks the topsoil or
otherwise results in the movements of earth on land situated in the Village of Lemont. It
is the intention of this Ordinance that the delivery of sediment from sites affected by land
disturbing activities be limited, as closely as practicable, to that which would have occurred
if the land had been left in its natural undisturbed state.
15.29.020 DEFINITIONS
For the purposes of this Ordinance certain terms used herein are defined as set
forth below:
A. BLUFF: A broad, steep edge of an upland area, characterized by a high
potential for erosion.
B. BUILDING PERMIT: A Permit issued by the Village of Lemont for the
construction, erection, alteration or demolition of a structure or building.
C. CERTIFY OR CERTIFICATION: Formally attesting that the specific
inspections and tests where required have been performed, and that such tests
comply with the applicable requirements of this Ordinance.
D. CLEARING: Any activity which removes vegetative ground cover.
E. CUBIC YARDS: The amount of material in excavation and /or fill measured
by the method of "average end areas ".
F. EXCAVATION: Any act by which organic matter, earth, sand, gravel, rock
or any other similar material is cut into, dug, quarried, uncovered, removed,
displaced, relocated or bulldozed and shall include the conditions resulting
therefrom.
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G. EXISTING GRADE: The vertical location of the existing ground surface
prior to excavation or filling.
H. FILL: Any act by which earth, sand, gravel, rock or any other material is
deposited, placed, replaced, pushed, dumped, pulled, transported or moved
by man to a new location and shall include the conditions resulting
therefrom.
I. FINAL GRADE: The vertical location of the ground or pavement surface
after the grading work is completed in accordance with the Site Development
Plan.
J. GRADING: Excavation or fill or any combination thereof and shall include
the conditions resulting from any excavation or fill.
K. NATURAL DRAINAGE: Channels formed in the existing surface topography
of the earth prior to changes made by unnatural causes.
L. PARCEL: All contiguous land in one ownership.
M. PERMP rEE: Any person to whom a Site Development Permit is issued.
N. PERSON: Any individual, firm or corporate, public or private, the State of
Illinois and its agencies or political subdivisions, and the United States of
America, its agencies and instrumentalities, and any agent, servant, offer or
employee of any of the foregoing.
O. RAVINE: A deep, steep- sloped cleft or gorge in the earth's surface, which is
caused by runoff and stream action. Ravines are characterized by abundant
growth of trees and other plants.
P. REMOVAL: Cutting vegetation to the ground or stumps, complete extraction,
or killing by spraying.
Q. SITE: A lot or parcel of land, or a contiguous combination thereof, where
grading work is performed as a single unified operation.
R. SITE DEVELOPMENT: Altering terrain and /or vegetation and constructing
improvements.
S. SITE DEVELOPMENT PERMIT: A Permit issued by the Village of Lemont
for the construction or alteration of ground improvements and structures for
the control of erosion, runoff and grading.
T. STREAM: Any river, creek, brook, branch, flowage, ravine, or natural or
man -made drainageway which has a definite bed and banks or shoreline, in
or into which surface or groundwater flows, either perennially or
intermittently.
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U. STRIPPING: Any activity which removes the vegetative surface cover
including tree removal, clearing, and storage or removal of top soil.
V. VACANT: Land on which there are no structures or only structures which
are secondary to the use or maintenance of the land itself.
W. VILLAGE: The Village of Lemont, Cook, Will and DuPage Counties, Illinois.
X. WETLANDS: Areas that are inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and that
under normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions.
15.29.030 GENERAL PRINCIPLES
It is the objectives of this Ordinance to control soil erosion and sedimentation
caused by development activities, including clearing, grading, stripping, excavating, and
filling of land, in the Village of Lemont. Measures taken to control soil erosion and offsite
sediment runoff should be adequate to assure that sediment is not transported from the
site by a storm event of ten -year frequency or less. The following principles shall apply to
all development activities within the Village of Lemont and to the preparation of the
submissions required under Section 15.29.040 of this Ordinance:
A. Development should be related to the topography and soils of the site so as
to create the least potential for erosion. Areas of steep slopes where high cuts
and fills may be required should be avoided wherever possible, and natural
contours should be followed as closely as possible.
B. Natural vegetation should be retained and protected wherever possible. Areas
immediately adjacent to natural watercourses, lakes, ponds, and wetlands
should be left undisturbed wherever possible. Temporary crossings of
watercourses, when permitted, must include appropriate stabilization
measures.
C. Special precautions should be taken to prevent damages resultant from any
necessary development activity within or adjacent to any stream, lake, pond
or wetland. Preventative measures should reflect the sensitivity of these areas
to erosion and sedimentation.
D. The smallest practical area of land should be exposed for the shortest
practical time during development.
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E. Sediment basins or traps, filter barriers, diversions, and any other
appropriate sediment or runoff control measures should be installed prior
to site clearing and grading and maintained to remove sediment from run-
off waters from land undergoing development.
F. The selection of erosion and sedimentation control measures should be based
on assessment of the probable frequency of climatic and other events likely
to contribute to erosion, and on evaluation of the risks, costs, and benefits
involved.
G. In the design of erosion control facilities and practices, aesthetics and the
requirements of continuing maintenance should be considered.
H. Provision should be made to accommodate the increasing run -off caused by
changed soil and surface conditions during and after development.
Drainageways should be designed so that their final gradients and the
resultant velocities and rates of discharge will not create additional erosion
onsite or downstream.
I. Permanent vegetation and structures should bg installed and functional as
soon as practical during development.
J. Those areas being converted from agricultural purposes to other land uses
should be vegetated with an appropriate protective cover prior to
development.
K. All waste generated as a result of site development activity should be properly
disposed of and should be prevented from being carried off the site by either
wind or water.
L. All construction sites should provide measures to prevent sediment from
being tracked onto public or private roadways.
M. To the maximum extent possible, ravines, bluffs and natural drainage ways
shall remain non - buildable, undisturbed areas. No clearing, excavation,
filling, grading, or stripping shall be permitted within a ravine, bluff or
natural drainage way, unless the land - disturbing activity involves:
1. Installation of an underground utility where alternative locations are
impractical;
ii. Construction of an elevated patio deck, fence, or similar structure on
private property;
iii. Installation of retaining walls, tree wells, terraces or other landscaping
which will not alter the general character of the site or increase erosion
potential;
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iv. Construction of streets, other public ways, culverts or bridges, as part
of an approved subdivision plat or planned development, where
necessary to provide good access and circulation.
v. Slope stabilization or site drainage improviments as required to reduce
flood risk, soil erosion, and other hazards to safety and property.
In all such cases the alteration of the natural condition of the ravine or bluff slope
shall be minimized.
15.29.040 SITE DEVELOPMENT PERMIT
1. Permit Required.
Except as otherwise provided in this Ordinance, no person shall commence or
perform any clearing, grading, stripping, excavating, or filing of land which meets the
following provisions without having first obtained a Site Development Permit from the
Village of Lemont.
A. Any land disturbing activity (i.e., clearing, grading, stripping, excavation, fill
or any combination thereof) that will affect an area in excess of 5,000 square
feet;
B. Any land disturbing activity that will affect an area in excess of 500 square
feet if the activity is within 25 feet of a lake, pond, stream, or wetland; or
C. Excavation, fill, or any combination thereof that will exceed 100 cubic yards.
D. Fill will exceed three feet in vertical depth at its deepest point measured from
the natural ground surface.
E. Excavation will exceed four feet in vertical depth at its deepest point.
2. Exceptions.
A Permit shall not be required for any of the following provided that the person
responsible for any such development shall implement necessary soil erosion and sediment
control measures to satisfy the principles set forth in Section 15.29.030 of this Ordinance:
A. Excavation below final grade for the basement and footings of a single- family
residence and appurtenant structures for
which a Building Permit has been issued by the Village of Lemont.
B. Agricultural use of land, including the implementation of conservation
measures included in a farm conservation plan approved by the Soil and
Water Conservation District, and including the construction of agricultural
structures;
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C. Installation, renovation, or replacement of an approved septic system to serve
an existing dwelling or structure.
D. Excavation or removal of vegetation in public utility easements by public
utility companies for the purpose of installing underground utilities.
E. Dredging by the Village for flood control.
3. Application for Permit.
Application for a Site Development Permit shall be made by the Owner of the
property or his authorized agent to the Village of Lemont Building and Zoning
Administrator on a form furnished for that purpose. Each Application shall bear the
name(s) and address(es) of the Owner or Developer of the site and of any consulting firm
retained by the Applicant together with the name of the Applicant's principal contact at
such firm, and shall be accompanied by a filing fee to be determined by the Village Board.
Each Application shall include certification that any land clearing, construction, or
development involving the movement of earth shall be in accordance with the plans
approved upon issuance of the Permit.
4. Submissions.
Each Application for a Site Development Permit shall be accompanied by the
following information:
A. A vicinity map in sufficient detail to enable easy location in the field of the
site for which the Permit is sought, and including the boundary line and
approximate acreage of the site, existing zoning, and a legend and scale.
B. A development plan of the site showing.
i. Existing topography of the site and adjacent land within approximately
100 feet of the boundaries, drawn at no greater than one -foot contour
intervals and clearly portraying the conformation and drainage pattern
of the area.
ii. The location of existing buildings, structures, utilities, streams, lakes,
floodplains, wetlands and depressions, drainage facilities, vegetative
cover, paved areas, and other significant natural or man -made features
on the site and adjacent land within 100 feet of the boundary.
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Proposed use of the site, including present development and planned
utilization, areas of clearing, stripping, grading, excavation, and filing,
proposed contours, finished grades, and street profiles; provisions for
storm drainage, including storm sewers, swales, detention basins and
any other measures to control the rate of runoff, with a drainage area
map, indication of flow directions, and computations; kinds and
locations of utilities; and areas and acreages proposed to be paved,
covered, sodded or seeded, vegetatively stabilized, or left undisturbed.
C. An erosion and sediment control plan showing all measures necessary to meet
the objectives of this Ordinance throughout all phases of construction and
permanently after completion of development of the site, including:
i. Location and description, including standard details, of all sediment
control measures and design specifics of sediment basins and traps,
including outlet details.
ii. Location and description of all soil stabilization and erosion control
measures, including seeding mixtures and rates, types of sod, method
of seedbed preparation, expected seeding dates, type and rate of lime
and fertilizer Application, kind and quantity of mulching for both
temporary and permanent vegetative control measures, and types of
non - vegetative stabilization measures.
Location and description of all runoff control measures, including
diversions, waterways, and outlets.
iv. Location and description of methods to prevent tracking of sediment
offsite, including construction entrance details, as appropriate.
v. Description of dust and traffic control measures.
vi. Locations of stockpiles and description of stabilization methods.
vii. Description of off -site fill or borrow volumes, locations, and methods
of stabilization.
viii. Provisions for maintenance of control measures, including type and
frequency of maintenance, easements, and estimates of the cost of
maintenance.
ix. Identification (name, address and telephone) of the person(s) or entity
which will have legal responsibility for maintenance of erosion control
structures and measures during development and after development
is completed.
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ro osed phasing of development of the site, including stripping and
D. 'Thep p ading and landscaping.
clearing, rough grading and construction, and final gr
Phasing should identify the expected date
leared areas, and the sequence of
estimated duration of exposure of perimeter
installation of temporary sediment installation of temporary (including
s soil stabilization
controls), clearing and grading, aving streets and parking areas,
measures, installation of storm drainage, p
final grading and the establishment of permanent be vegetative cover, and the responsibility of the
removal of temporary measures.
Applicant to notify the Building and Development g1Schedule after the initial
changes which occur in the Site approved.
erosion and sediment control plan has been app
These submissions shall be prepared in accordance with the requirements n of
this Ordinance and for Soil Erosion and Sediment Control" (the Yellow Book)
and Specifications fo
published by the Illinois Environmental Protection An and Erosion and the "Illinois
Procedures and Standards for Urban
Control" (the Green Book) prepared by the Northeastern Illinois Soil Erosion
and Sedimentation Control Steering which standards a d requirements are
Soil and Water Conservation District,
hereby incorporated into this Ordinance by reference.
The Building and Zoning Administrator may awaive he information lllC require submitted ments tied i is
the content of submissions upon finding with the objectives and principles
sufficient to show that the work will comply
of this Ordinance.
5. Bonds.
The Applicant is required to file with the Building and Zoning Administrator a
faithful Performance Bond or Bonds, Letter of Credit, or other improvement security
to the Village Attorney in an amount deemed sufficient by the Building and
satisf acto ry
Zoning
Administrator to cover all costs of improvements, landscaping, maintenance of
improvements and landscaping, and soil erosion and sediment control measures for such
specified by the Building and Zoning Administrator, and engineering review and
period as s P
inspection costs to cover the cost of failure or repair of improvements installed on the site
prior to the issuance of an erosion control and sedimentation control permit.
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6. Review and Approval.
Each Application for a Site Development Permit shall be reviewed and acted upon
according to the following procedures:
A. The Village of Lemont Building and Zoning Administrator will review each
Application for a Site Development Permit to determine its conformance with
the provisions of this Ordinance. The Building and Zoning Administrator
may also refer any Application to the County Soil and Water Conservation
District and /or any other local government or public agency within whose
jurisdiction the site is located for review and comment. Any additional fees
incurred by such a referral shall be paid by the parson applying for the
permit. Within thirty (30) days after receiving an Application, the Building
and Zoning Administrator shall in writing:
i. Approve the Permit Application if it is found to be in conformance
with the provisions of this Ordinance, and issue the Permit.
ii. Approve the Permit Application subject to such reasonable conditions
as may be necessary to secure substantially the objectives of this
Ordinance, and issue the Permit subject to these conditions; or
Disapprove the Permit Application, indicating the deficiencies and the
procedure for submitting a revised Application and /or submission.
B. No Site Development Permit shall be issued for an intended development site
unless:
i. The development, including but not limited to subdivisions and
planned unit development, has been approved by the Village of Lemont
where applicable, or
ii. Such Permit is accompanied by or combined with a valid Building
Permit issued by the Village of Lemont, or
iii. The proposed earth moving is coordinated with any overall
development program previously approved by the Village of Lemont
for the area in which the site is situated; and
iv. All relevant Federal and State Permits (i.e., for floodplains and
wetlands) have been received for the portion of the site subject to soil
disturbance.
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C. Failure of the Building and Zoning Administrator to act on an original or
revised Application within thirty (30) days of receipt shall authorize the
Applicant to proceed in accordance with the plans as filed unless such time
is extended by agreement between the Building and Zoning Administrator and
the Applicant. Pending preparation and approval of a revised plan,
development activities shall be allowed to proceed in accordance with
conditions established by the Building and Zoning Administrator.
D. An erosion and sedimentation control permit may be issued after approval
of preliminary engineering plans for the site, parcel or lot and the submission
of detailed final engineering plans, all in accordance with the applicable titles
of this code. All work undertaken by the applicant pursuant to the erosion
and sedimentation control permit shall be subject to all modifications
necessary to comply with the approved final engineering plans for the site,
parcel or lot. By undertaking any work pursuant to the erosion of
sedimentation control permit prior to approval of final engineering plans
by the Village of Lemont and any other governmental or public agency having
jurisdiction of the site, parcel or lot, the applicant acknowledges and agrees
that all modifications necessary to comply with approved final engineering
plans or the requirements of such other government or public agency shall
be performed and completed by the applicant at his sole cost and expense.
E. Record Drawings: The applicant shall provide the Building and Zoning
Administrator with reproducible record drawings upon completion of the
project in compliance with the procedures and standards established by the
Village of Lemont. The Village of Lemont shall have the authority to
establish written procedures and standards for the content, review and
approval of record drawings for the purpose of establishing that projects
have been completed in conformance with the requirements of this chapter.
7. Expiration of Permit.
Every Site Development Permit shall expire and become null and void if the work
authorized by such Permit has not been commenced within one hundred and eighty (180)
days, or is not completed by a date which shall be specified in the Permit; except that the
Building and Zoning Administrator may, if the permittee presents satisfactory evidence that
unusual difficulties have prevented work being commenced or completed within the
specified time limits, grant a reasonable extension of time if written Application is made
before the expiration date of the Permit. The Building and Zoning Administrator may
require modification of the erosion control plan to prevent any increase in erosion or offsite
sediment runoff resulting from any extension.
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8. Appeals.
The Applicant, or any person or agency which received notice of the filing of the
Application, may appeal the decision of the Building and Zoning Administrator as provided
in Paragraph 6 of this Section, to the Village Board. Upon receipt of an appeal, a
committee of the Village of Lemont shall schedule and hold a public hearing, after giving
15 days notice thereof. The Village of Lemont shall render a decision within thirty (30)
days after the hearing. Factors to be considered on review shall include, but need not be
limited to, the effects of the proposed development activities on the surface water flow to
tributary and downstream lands, any comprehensive watershed management plans, or the
use of any retention facilities; possible saturation of fill and unsupported cuts by water,
both natural and domestic; runoff surface waters that produce erosion and silting of
drainageways; nature and type of soil or rock which when disturbed by the proposed
development activities may create earth movement and produce slopes that cannot be
landscaped, and excessive and unnecessary scarring of the natural landscape through
grading or removal of vegetation.
9. Retention of Plans.
Plans, specifications, and reports for all site developments shall be retained in
original form or on microfilm by the Village of Lemont.
15.29.050 DESIGN AND OPERATION STANDARDS AND REQUIREMENTS
1. Applicability.
All clearing, grading, stripping, excavating, and filling which is subject to the Permit
requirements of this Ordinance shall be subject to the applicable standards and
requirements set forth in this Section 15.29.050.
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2. Responsibility.
The permittee shall not be relieved of responsibility for damage to persons or
property otherwise imposed by law, and the Village of Lemont or its officers or agents will
not be made liable for such damage, by (1) the issuance of a Permit under this Ordinance,
(2) compliance with the provisions of that Permit or with conditions attached to it by the
Village of Lemont, (3) failure of the Village of Lemont's officials to observe or recognize
hazardous or unsightly conditions, (4) failure of Village of Lemont officials to recommend
denial of or to deny a Permit, or (5) exemptions from the Permit requirements of this
Ordinance.
3. Site Design Requirements.
A. On -site sediment control measures, as specified by the following criteria, shall
be constructed and functional prior to initiating cleaning, grading, stripping,
excavating or fill activities on the site.
For disturbed areas draining less than 1 acre, filter barriers (including
filter fences, straw bales, or equivalent control measures) shall be
constructed to control all offsite runoff as specified in referenced
handbooks. Vegetated filter strips, with a minimum width of 25 feet,
may be used as an alternative only where runoff in sheet flow is
expected.
ii. For disturbed area draining more than 1 but less than 5 acres, a
sediment trap or equivalent control measure shall be constructed at
the downslope point of the disturbed area.
iii. For disturbed areas draining more than 5 acres, a sediment basin or
equivalent control measure shall be constructed at the downslope point
of the disturbed area.
iv. Sediment basins and sediment traps designs shall provide for both
detention storage and sediment storage. The detention storage shall
be composed of equal volumes of "wet" detention storage and "dry"
detention storage and each shall be sized for the 2 -year, 24 -hour runoff
from the site under maximum runoff conditions during construction.
The release rate of the basin shall be that rate required to achieve
minimum detention times of at least 10 hours. The elevation of the
outlet structure shall be placed such that it only drains the dry
detention storage.
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v. The sediment storage shall be sized to store the estimated sediment
load generated from the site over the duration of the construction
period with a minimum storage equivalent to the volume of sediment
generated in one year. For construction periods exceeding 1 year, a
sediment removal schedule shall be required.
B. Stormwater conveyance channels, including ditches, swales, and diversions,
and the outlets of all channels and pipes shall be designed and constructed
to withstand the expected flow velocity from the 10 -year frequency storm
without erosion. All constructed or modified channels shall be stabilized
within 48 hours, consistent with the following standards:
i. For grades up to 4 percent, seeding in combination with mulch, erosion
blanket, or an equivalent control measure shall be applied. Sod or
erosion blanket or mat shall be applied to the bottom of the channel.
ii. For grades of 4 to 8 percent, sod or an equivalent control measure
shall be applied in the channel.
For grades greater than 8 percent, rock, riprap, or an equivalent
control measure shall be applied, or the grade shall be effectively
reduced using drop structures.
C. Disturbed areas shall be stabilized with temporary or permanent measures
within 7 calendar days following the end of active disturbance, or
redisturbance, consistent with the following criteria:
i. Appropriate temporary or permanent stabilization measures shall
include seeding, mulching, sodding, and /or non - vegetative measures.
ii. Areas having slopes greater than 12 percent shall be stabilized with
sod, mat or blanket in combination with seeding, or equivalent.
D. Land disturbance activities in stream channels, ravines, and bluffs shall be
avoided, where possible. If disturbance activities are unavoidable, the
following requirements shall be met:
Construction vehicles shall be kept out of the stream channel, ravine,
or bluff to the maximum extent practicable. Where construction
crossings are necessary, temporary crossings shall be constructed of
non - erosive material, such as riprap or gravel.
ii. The time and area of disturbance of stream channels shall be kept to
a minimum. The stream channel, including bed and banks, shall be
restabilized within 48 hours after channel disturbance is completed,
interrupted, or stopped.
iii. Whenever channel relocation is necessary, the new channel shall be
constructed in the dry and fully stabilized before flow is diverted.
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iv. Tree protection shall be installed prior to the beginning of the land
disturbing activity and erosion control measures shall be installed as
soon as practicable.
E. Storm sewer inlets and culverts shall be protected by sediment traps or filter
barriers meeting accepted design standards and specifications.
F. Soil storage piles containing more than 10 cubic yards of material shall not
be located with a downslope drainage length of less than 25 feet to a roadway
or drainage channel. Filter barriers, including straw bales, filter fence, or
equivalent, shall be installed immediately on the downslope side of the piles.
G. If dewatering devices are used, discharge locations shall be protected from
erosion. All pumped discharges shall be routed through appropriately
designed sediment traps or basins, or equivalent.
H. Each site shall have graveled (or equivalent) entrance roads, access drives,
and parking areas of sufficient length and width to prevent sediment from
being tracked onto public or private roadways. Any sediment reaching a
public or private road shall be removed by shoveling or street cleaning (not
flushing) before the end of each workday and transported to a controlled
sediment disposal area.
I. All temporary and permanent erosion and sediment control practices must
be maintained and repaired as needed to assure effective performance of their
intended function.
J. All temporary erosion and sediment control measures shall be disposed of
within 30 days after final site stabilization is achieved with permanent soil
stabilization measures. Trapped sediment and other disturbed soils resulting
from the disposition of temporary measures should be permanently stabilized
to prevent further erosion and-sedimentation.
4. Handbooks Adopted by Reference.
The standards and specifications contained in "Standards and Specifications for Soil
Erosion and Sediment Control" (the Yellow Book) and the "Illinois Procedures and
Standards for Urban Soil Erosion and Sedimentation Control" (the Green Book) cited in
Section 15.29.040, are hereby incorporated into this Section 15.29.050 and made a part
hereof by reference for the purpose of delineating procedures and methods of operation
under site development and erosion and sedimentation control plans approved under
Section 15.29.040. In the event of conflict between provisions of said manuals and of this
Ordinance, the Ordinance shall govern.
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5. Maintenance of Control Measures.
All soil erosion and sediment control measures necessary to meet with requirements
of this Ordinance shall be maintained periodically by the Applicant or subsequent land
Owner during the period of land disturbance and development of the site in a satisfactory
manner to ensure adequate performance.
6. Inspection.
The Building and Zoning Administrator or Village Engineer shall make inspections
as hereinafter required and shall either approved that portion of the work completed or
shall notify the permittee wherein the work fails to comply with the site development or
erosion and sedimentation control plan as approved. Plans for grading, stripping,
excavating, and filling work bearing the stamp of approval of the Village of Lemont shall
be maintained at the site during progress of the work. In order to obtain inspections and
to ensure compliance with the approved erosion and sediment control plan, the grading or
Building Permit, and this Ordinance, the permittee shall notify the Building and Zoning
Administrator within two (2) working days of the completion of the construction stages
specified below:
A. Upon completion of installation of sediment and runoff control measures
(including perimeter controls and diversions), prior to proceeding with any
other earth disturbance or grading,
B. After stripping and clearing,
C. After rough grading,
D. After final grading,
E. After seeding and landscaping deadlines, and
F. After final stabilization and landscaping, prior to removal of sediment
controls.
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If stripping, clearing, grading and /or landscaping are to be done in phases or areas,
the permittee shall give notice and request inspection at the completion of each of the
above work stages in each phase or area. If an inspection is not made and notification of
the results given within five working days after notice is received by the Village of Lemont
from the permittee, the permittee may continue work at his/her own risk, without
presuming acceptance by the Village of Lemont. Notification of the results of the
inspection shall be given in writing at the site.
7. Special Precautions.
A. If the Building and Zoning Administrator or Village Engineer determines by
inspection that any grading work authorized by an existing Permit imperils
any property, public way, stream, lake, wetland, or drainage structure, the
Village of Lemont may require, as a condition of the work that reasonable
special precautions be taken to avoid such peril. "Special precautions" may
include, but shall not be limited to, a more level exposed slope, construction
of additional drainage facilities, berms, terracing, compaction, cribbing,
installation of plant materials for erosion control, and recommendations of
a registered soils engineer and /or engineering geologist which may be made
requirements for further work.
B. Where it appears that storm or other damage may result because the grading
on any development site is not . complete, work may be stopped and the
permittee required to install 'temporary structures or take such other
measures as may be required to protect adjoining property or the public
safety. On large developments or where unusual site conditions prevail, the
Village Engineer or Building and Zoning Administrator may specify the time
of starting grading and time of completion or may require that the operations
be conducted in specific stages so as to insure completion of protective
measures or devices prior to the advent of seasonal rains.
8. Amendment of Plans.
Major amendments of the site development or erosion and sedimentation control
plans shall be submitted to the Building and Zoning Administrator or Village Engineer and
shall be processed and approved or disapproved in the same manner as the original plans.
Field modifications of a minor nature may be authorized by the Village Engineer or
Building and Zoning Administrator by written authorization to the permittee.
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15.29.060 ENFORCEMENT
1. Exceptions.
A. The Village of Lemont may, in accordance with the following procedures,
authorize exceptions to any of the requirements and regulations set forth in
this Ordinance.
B. Application for any exception shall be made by a verified petition of the
Applicant for a Site Development Permit, stating fully the grounds of the
petition and the facts relied upon the Applicant. Such petition shall be filed
with the Site Development Permit Application. In order for the petition to
be granted, it shall be necessary that the Village of Lemont find all of the
following facts with respect to the land referred to in the petition:
i. That the land is of such shape or size or is affected by such physical
conditions or is subject to such title limitations of record that it is
impossible or impractical for the Applicant to comply with all of the
requirements of this Ordinance.
ii. That the exception is necessary for the preservation and enjoyment of
a substantial property right of the Applicant; and
iii. That the granting of the exception will not be detrimental to the public
welfare or injurious to other property in the vicinity of the subject
property.
C. Each Application for an exception shall be referred to the Building and
Zoning Administrator for review. The Building and Zoning Administrator
shall transmit its recommendations to the Village Board, which shall review
such recommendations prior to granting or denying the exception.
D. The Village Board, or an appointed committee shall hold a public hearing
on each Application for exception, within thirty (30) days after receiving
Application, in the manner provided with respect to appeals. After public
hearing, the Village Board may approve the Site Development Permit
Application and exception Application or it may take such other action as
appropriate.
2. Stop -Work Order; Revocation of Permit.
In the event any person holding a Site Development Permit pursuant to this
Ordinance violates the terms of the Permit, or carries on site development in such a
manner as to materially adversely affect the health, welfare, or safety of persons residing
or working in the neighborhood of the development site or so as to be materially
detrimental to the public welfare or injurious to property or improvements in the
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neighborhood, the Building and Zoning Administrator may suspend or revoke the Site
Development Permit.
A. Suspension of a Permit shall be by a written Stop -Work Order issued by the
Building and Zoning Administrator and delivered to the permittee or his
agent or the person performing the work. The Stop Work Order shall be
effective immediately, shall state the specific violations cited, and shall state
the conditions under which work may be resumed. A Stop -Work Order shall
remain in effect until the next regularly scheduled meeting of the Village
Board at which the conditions of Sub - Paragraph B below can be met.
B. No Site Development Permit shall be permanently suspended or revoked until
a hearing is held by the Village Board or Committee of the Board. Written
notice of such hearing shall be served on the permittee, either personally or
by registered mail, and shall state:
i. The grounds for complaint or reasons for suspension or revocation,
in clear and concise language; and
ii. The time, date and place where such hearing will be held.
Such notice shall be served on the permittee at least five (5) days prior to the
date set for the hearing. At such hearing, the permittee shall be given an
opportunity to be heard and may call witnesses and present evidence on his
behalf. At the conclusion of the hearing, the Village Board or Committee
shall determine whether the Permit shall be suspended or revoked.
3. Violations and Penalties.
No person shall construct, enlarge, alter, repair, or maintain any grading, excavation
or fill, or cause the same to be done, contrary to or in violation of any terms of this
Ordinance. Any person violating any of the provisions of this Ordinance shall be deemed
guilty of a misdemeanor, and each day during which any violation of any of the provisions
of this Ordinance is committed, continued, or permitted shall constitute a separate offense.
Upon conviction of any such violation, such person, partnership, or corporation convicted
of violating any of the provisions of this Ordinance shall be required to restore the site to
the condition existing prior to commission of the violation, or to bear the expense of such
restoration.
4. Separability.
The provisions and sections of this Ordinance shall be deemed to be separable, and
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the invalidity of any portion of this Ordinance shall not affect the validity of the
remainder.
This Ordinance shall be in full force and effect from and after its passage, approval
and publication in the manner provided by law.
The Village Clerk of the Village of Lemont shall certify to the adoption of this
Ordinance and cause the same to be published in pamphlet form.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE,
ILLINOIS, on this 28 day of JUNE
Barbara Buschman
Alice Chin
Keith Latz
William Margalus
Richard G. Rimbo
Ralph Schobert
1993.
AYES NAYS PASSED ABSENT
x
x
x
x
x
x
NE
Approved by me this 28 day of JUNE
A'1"1'I;ST:
CHARLENE M. SMOLLEN, Village Clerk
A: \VILLAGE \SOILERO
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M. SMOL ' N, Village Clerk
,1993.
/r/ -
KI, Village President